Merit Decisions

Subscribe to Merit Decisions via RSS

On May 28, 2014, the Supreme Court of Ohio handed down a merit decision in Cleveland v. McCardle, 2014-Ohio-2140. In a 6-1 decision written by Justice Lanzinger, the Court upheld the constitutionality of a Cleveland city ordinance which established a curfew on the Cleveland Public Square. Justice Pfeifer dissented.  The case was argued…

On May 28, 2014, the Supreme Court of Ohio handed down a merit decision in Cleveland v. McCardle, 2014-Ohio-2140. In a 6-1 decision written by Justice Lanzinger, the Court upheld the constitutionality of a Cleveland city ordinance which established a curfew on the Cleveland Public Square. Justice Pfeifer dissented.  The case was argued…

On May 14, 2014 the Supreme Court handed down a merit decision in Oaktree Condominium Assn., Inc. v. Hallmark Bldg. Co. 2014-Ohio-1937. In a 4-3 decision written by Justice O’Neill, for himself, Justices Pfeifer and Lanzinger, and Chief Justice O’Connor, the court held R.C. 2305.131, Ohio’s construction statute of repose, unconstitutional as applied…

On May 8, 2014, the Supreme Court of Ohio handed down a merit decision in Hayward v. Summa Health Sys./Akron City Hosp., 2014-Ohio-1913. I’m going to quote the headnote verbatim on what the Court held in this 6-1 decision authored by Justice Kennedy.  Understandably, there is no syllabus in this case.

“When a jury’s…

Read what happened when this case was remanded here.

On March 26, 2014, the Supreme Court of Ohio handed down a merit decision in Daniel v. Daniel,  2014-Ohio-1161. By a vote of 4-3, in an opinion written by Justice O’Neill, for himself and Justices Pfeifer, French, and Kennedy, the Court held that unvested military…

Update: read what happened on remand in this case here.

On March 12, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Long, 2014-Ohio-849. While the justices unanimously agreed that a trial court must consider youth as a mitigating factor in imposing a sentence of life without parole on a…

On February 12, 2014, the Supreme Court handed down a merit decision in Fraley v. Estate of Oeding, 2014-Ohio-452.  In a 5-2 decision written by Justice French, the Court held that Ohio courts cannot exercise personal jurisdiction over a nonresident based solely on the conduct of the nonresident’s insurance company. Justice Pfeifer dissented,…

Update: Plaintiff’s counsel reports this case was settled on September 16, 2015.  Settlement terms are confidential.

On February 12, 2014 the Supreme Court of Ohio handed down a merit decision in Mann v. Northgate Investors, L.L.C.,2014-Ohio-455. In a unanimous decision written by Justice Pfeifer, the Court held that a landlord owes a statutory…

On January 16, 2014, the Supreme Court of Ohio issued a merit decision in State v. McGlothan,  2014-Ohio-85. In a 4-3 decision written by Justice O’Donnell, for himself, Chief Justice O’Connor, and Justices Pfeifer and Kennedy, the Court held that in a prosecution for domestic violence where the state establishes the victim is a…

On  November 19, 2013, in a 4-3 decision, the Supreme Court of Ohio upheld the firing of 8th grade science teacher John Freshwater for “insubordination in refusing to remove religious displays in his classroom after being told to do so, and for continuing to inject his personal religious beliefs into his plan and pattern…